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Home My Public Portal About051-2007 - General Ordinance - Amends Section 94.10 (Abandoned Vehicles Disposal)ORDINANCE NO. 51-2007 A GENERAL ORDINANCE PROVIDING FOR THE REMOVAL, STORAGE, AND DISPOSAL OF ABANDONED VEHICLES WITHIN THE CITY OF RICHMOND BY IMPLEMENTING CERTAIN PROVISIONS OF I.C. 9-22-1-13 WHEREAS, the City of Richmond Common Council (the "Council") adopted Special Ordinance No. 3-1982 on February 16, 1982 (the "1982 Ordinance") providing for the removal and disposal of abandoned vehicles and enforcement thereof, and created a fund for the purpose of implementing the provisions of the 1982 Ordinance; and WHEREAS, those provisions were codified in Richmond City Code Section 94.10 et seq.; and WHEREAS, Section 94.10 et seq., has been amended over the years by Council in Ordinances: 28-1982; 61-1983; and 25-1986; and WHEREAS, it now becomes necessary to amend section 94.10 et seq., for the continued protection of the public health, safety, welfare and property values of the citizens of Richmond; and WHEREAS, in order to utilize the most recent Indiana statute amendments (P.L. 104- 2005), it is necessary for the legislative body of the municipality to officially adopt certain additional provisions establishing the market value below which a Richmond Police Officer may dispose of a vehicle or parts pursuant to IC 9-22-1-13 et seq. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond that: Section 1: Amend Section 94.10 et seq., adding section 94.15, as follows: ABANDONED VEHICLES 94.10 ADOPTION OF STATE LAW The provisions of I.C. 9-13-2-1 and I.C. 9-22-1-1 et seq., including any amendments thereto, are declared to be in full force and effect for the city and those provisions of the law are incorporated herein by reference. (Ord. 3-1982) 94.11 CONFORMANCE WITH STATE LAW All provisions of 94.10 through 94.14 shall be in conformance with and not in conflict with I.C. 9-9-1.1-1 through 9-9-1.1-15. Any provision found to be in conflict with the statute shall be deemed amended to conform to the statute. This subchapter is passed pursuant to I.C. 9-9- 1.1-1 through 9-9-1.1-15 for the purpose of facilitating the removal, and disposition of abandoned vehicles in the city. (Ord. 3-1982) 94.12 TOWING AND STORAGE CHARGES The Richmond City Police Department in cooperation with the Purchasing Department of the City shall be authorized to develop and implement a system for rotation calling of wreckers to tow vehicles which are not removed by owners direction or pursuant to other contract or agreement. The Police Department in conjunction with the Purchasing Department shall be authorized to develop standards for the implementation of such program and shall be authorized to establish a rate applicable to the wrecker services listed on such rotation service and shall be authorized to establish a standard fee based upon the complexity of the services requested and the time period of the services requested. Such fee shall be reasonable in light of all circumstances. (Ord. 25-1986) 94.13 ADMINISTRATION (a) The Board of Public Works and Safety shall promulgate such rules and regulations as it deems necessary for the operation and maintenance of the impoundment area. (b) The Board of Public Works and Safety shall be the public agency responsible for the storage and disposal of abandoned vehicles and may enter into bid contracts as necessary for the purpose of storage and disposition of abandoned vehicles. (Ord. 3- 1982; Ord. 28-1982) 94.14 ABANDONED VEHICLE ACCOUNT (a) There is created an abandoned vehicle account to be administered by the City Controller in conformance with Indiana Code 9-9-1.1-14. (b) The proceeds of the sale or disposition of any abandoned vehicle, or parts thereof, shall be paid directly to the towing service contracted by the City of Richmond for its unreimbursed towing, storage and disposal expenses of abandoned vehicles, or parts thereof. 94.15 ASSESSMENT OF VEHICLES (a) If a tagged vehicle or parts are not removed within seventy-two (72) hours of tagging and the Richmond Police Officer ("Officer") suspects the market value of the vehicle is seven hundred fifty dollars ($750.00) or less, the Officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition, missing parts, and other facts that might substantiate the estimated market value of the vehicle or parts. Photographs shall be taken to describe the condition of the vehicle or parts. (b) This assessment, described in subsection 94.15(a) above, shall be performed by an Officer designated by the Richmond Chief of Police. If the assessment confirms the market value of the vehicle is seven hundred fifty dollars ($750.00) or less, the Officer shall provide for the immediate disposal of the vehicle to the contracted towing service. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the Bureau of Motor Vehicles. The towing service may dispose of the abandoned vehicle not less than thirty (30) days after the date on which the towing service removed the abandoned vehicle and after the assessment performed by the Richmond Police Department. (c) The Richmond City Police Department shall retain a copy of the assessment and any photographs for two (2) years after the disposal of the vehicle or parts. (d) If the assessment indicates the market value of the vehicle is greater than seven hundred fifty dollars ($750.00), the notification and disposal procedures in I.C. 9-22-1 et seq., shall be followed. Section 2: Effective Date This Ordinance shall be in full force and effect from and after its passage and adoption by the Common Council of the City of Richmond, Indiana. Passed and adopted this _6th_ day of _Au ust 2007, by the Common Council of the City of Richmond, Indiana. S/S Diana Pappin President (Diana Pappin) ATTEST: S/S Karen Chasteen City Clerk (Karen Chasteen) PRESENTED to the Mayor of the City of Richmond, Indiana, this _7th_ day of _August_, 2007, at 9:00 a.m. S/S Karen Chasteen City Clerk (Karen Chasteen) APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 7th day of _August_, 2007, at 9:05 a.m. S/S Sarah L. Hutton Mayor (Sarah L. Hutton) ATTEST: S/S Karen Chasteen City Clerk (Karen Chasteen)